Gopal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37624 of 2020 In CRIMINAL MISCELLANEOUS No.692 of 2020 Arising Out of PS. Case No.-3 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Gopal Rai Son of Maharaj Rai, Resident of Village - Kala Diara, P.S.- Bakkhityarpur, Distt.- Patna.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-01-2021 Let the defects, if any, be removed within four weeks. Cr. Misc. No. 692 of 2020 was dismissed for nonprosecution on 31.01.2020 for the reason that no one was appearing on behalf of the petitioner since last three dates. The present application is for setting aside the dismissal and restoration of the aforesaid criminal miscellaneous application. The reason for non-appearance is stated as the learned counsel for the petitioner was suffering from Dengue. Hence, he was not available in the Court. Considering nature of explanation, for substantial justice, the dismissal is hereby set aside and Cr. Misc. No.692 of

Patna High Court CR. MISC. No.37624 of 2020(2) dt.20-01-2021 2/2 2020 stands restored to its its original file. Accordingly, the application stands allowed.

(Birendra Kumar, J) Mkr./- U T